Rezoning Guide

SUMMARY OF THE PROCEDURES

Land use planning in the City of Bathurst is governed by two main documents, the Municipal Plan and the Zoning By-law. Some rezonings require amendments to both documents, which prolongs the procedures. The process is shorter if only the zoning by-law needs amending. This process is subject to several requirements and deadlines prescribed by the Community Planning Act.

The following information summarizes these procedures. It is recommended that you meet with the planning department before starting this process.

1. The rezoning process will only begin once all the required documents have been submitted to and accepted by the Planning Department. These documents, plans and information become public once received by the city and can be consulted at the Planning Department office by anyone who requests it.
2. The Planning Department will prepare a rezoning report based on the information contained in the documents and plans mentioned in point 1. The graphic quality of these plans and the detail of the information to be included in the report will attest to the seriousness of the project demonstrated by its applicant.
3. This rezoning report will be sent to various stakeholders in the province, the city and the municipal administration for consultation. In principle, these stakeholders have 14 days to send their comments.
4. It should be noted that rezoning applications are now subject to a detailed analysis of the Statements of Public Interests (SPIs). This analysis is required by the Province. SPIs establish land use planning priorities and public interests and harmonize provincial and local land use planning throughout New Brunswick.
5. The rezoning report will be presented to City Council at a public meeting.
6. City Council will formally initiate the rezoning process at a public meeting by adopting a resolution to request the opinion of the Planning Advisory Committee (PAC), to authorize the publication of public notice on the city's website, and to set a date for the public hearing.
7. Once presented to Council, a copy of the rezoning report may be given to any person who requests it, including the applicant.
8. Before passing a rezoning by-law, Council must consult the Planning Advisory Committee. PAC meetings are held on the last Tuesday of each month. The committee must receive the Council's request for review at least 14 days before the meeting. It is very important that the applicant be present at this meeting to explain and defend his project.
9. A rezoning application involves a public consultation process. The public is informed of the rezoning application in two ways: by publishing public notices on the city's website and social media, and by placing a sign on the property affected by the rezoning application. As mentioned in point 2, any person who so requests may consult the documents and plans provided by the applicant.
10. The Community Planning Act sets out the time limits within which interested persons may submit their comments in writing. These deadlines vary depending on whether the amendment is to the municipal plan or the zoning by-law.
11. At the time determined by Council at point 8, the Council will hold a public hearing to hear objections or support for the rezoning project. It is very important that the applicant be present at this meeting to explain and defend his project.
12. Council must give three readings to adopt a by-law amending the municipal plan and zoning by-law. In most cases, the rezoning by-law will contain a conditional rezoning agreement under section 59 of the Community Planning Act, which must be signed by the landowner, the applicant (if different from the landowner) and the city.
13. If the rezoning requires an amendment to the municipal plan, this by-law must be approved by the Minister of the Environment and Local Government before it can be registered.
14. By-laws come into effect once they have been registered at the Registry Office.

Questions?

Please contact the City of Bathurst Planning Department:

150 St. George Street, Bathurst NB, E2A 1B5

(506) 548-0400

planning@bathurst.ca